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(영문) 부산고등법원 2017.06.08 2017노154
살인등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant 1) The defendant and the person to whom the attachment order was requested (hereinafter "the defendant"), who physically and mentally weak defendant, were in a state of mental and physical weakness due to drinking at the time of committing the crime in the judgment of the court below.

B) The sentence sentenced by the lower court to the Defendant (10 years of imprisonment) is too unreasonable.

2) The sentence imposed by the lower court on the Defendant is too unhued and unreasonable.

B. According to the evidence submitted by the Prosecutor for the part of the request for attachment order (the prosecutor), the lower court, despite the fact that the Defendant was fully aware of the risk of repeating the murder crime, has the risk of repeating the crime

It is unreasonable to dismiss a prosecutor's request for an attachment order on the ground that it is difficult to conclude.

2. Determination

A. Part 1 of the case concerning Defendant 1) In light of the circumstance, content, means, method, and result of the crime in the judgment of the court below acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mental and physical weakness, etc., the Defendant had a state of mental and physical weakness due to drinking as alleged at the time of the crime

Therefore, this part of the defendant's assertion is without merit.

2) Many circumstances unfavorable to the defendant (the crime of this case committed by the defendant is that the defendant murdered a victim in a de facto marital relationship under the circumstances as set forth in the judgment of the court below, and the nature of the crime was very serious in light of the purpose, content, means, methods, and result of the crime of this case committed by the defendant. Despite the fact that the victim was lost his life due to the crime of this case, and his bereaved family members suffered from mental distress which makes it difficult to recover throughout their lives, no agreement has been reached with the bereaved family members up to the present day, and the defendant attempted to damage goods at the Busan District Court on May 3, 2016.

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